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ORDINANCE NO. 154 f"'" " ! - .- . -'.' c..a..... -4 r ~ ~ j(Jt ft AlO. /SIf ,.....,~"t-'~ ~:..._ " . _ c . .-. .. CA-P.T 10 N AN OBDINANeE ESTABLISHING THE CITY OF SCHERTZ HOUSING STANDARDS CODE~ defining concli dons or defects' consti tuting uninhabitable and dangerous dwellings, dwelling units or buildings; prescribing minimum standards to prevent in the .future uninhabitable dwellings, dwelling units or buildings; providing procedures for repair, vacation or demolition of dwellings, dwelling units or buildings; declaring dangerous dwellings or dwelling .units or buildings to be nuisences; creating a "holiSing standaras commission-, pTOvide - for hearings before such commission; creating a housing standards inspector; provide for inspection of dwellings, dwelling units and bUildings; defining the duties of the housing standard inspector; providing notices by the officers and inspector or housing stand- ards commission; set out the duties of the housing standards commission; setting out the duties of the city attorney, fire department, and police department; preventing officers personal liability in enforcing this act; providing penalties of not less than $5.60 nor more than $200.00 for violation of this act; . .. defining offenses; providing standards for interpre~teo~ of this ordinance; and containing a severability clause. ~is ORDINANCE PASSED AND APPROVED this the IJsn day of ,'. : ','-'\' -~ri'f"i. W 6(;.1.".4 Ma r ~ ATTEST:: , k ?to ~ ;lJti/ll? Secretary J ,. .\",.!~.' ....,., .~:. \ ... ~: .. 1 ,~ ..",,';Ii . . " . , . 4d- JSI-/A ORDINANCE NO.. I S'tf CITY OF SCHERTZ, TEXAS, HOUSING STANDARDS CODE BE IT ORDAINJB) BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS. SECTION I TITLE'OF ORDINANCE. This Ordinance shall be knowB3as the Housing Standards Code. SECTION 2 DEFINITIONS. The following terms whenever used or referred to in this chapter shall have the following respective meanings unless a different meaning clearly appears from the context: (l.) Housing Standards Inspector shall mean any authorized person employed by the city and assigned or designated by the city council to carry out certain primary duties as set forth in this ordinance. (2.) Public Authority shall mean an officer in charge of any department or branch of the government of the city relating to health, fire, housing, building regulations or other activities - concerning dwellings or buildings in the city. (3.) Owner shall mean the holder of the title in fee simple as recorded in the deed records or deed of trust records of the office of the clerk of the couQv court of Guadalupe County, Texas, or any party known to have an ownership interest. (4.) Parties in interest shall mean all individuals, assoc- iations and corporations who have an interest of record in a dwell- ing or building or any who are in possession thereof. (5.) Dwellings shall mean any bUilding or structure or part thereof, used ,for human habitation, or intended to be used, and shall include any outhouse and appurtenances belonging there1;o Or used customarily therewith. (6.) BUilding shall mean any structure or part thereof not a dwelling as above defined. (7.) Uninhabitable and dangerous dwelling or building shall mean any dwelling or building or structure which kas any or all of the defects and deficiencies as listed under sections 3 and 4 of -r~~l ,.}; , ~' c;", f. ~"- ,. , ----/ '. . (8) UNFIT FOR HU~N OCCUPANTION shall mean essentially the same as the term uninhabitable and dangerous dwelling or bUilding as defined above. (9) DWELLING UNIT shall mean any room or group of rooms located within a dwelling or bUilding and forming a Single habit- able unit used or intended to be used for human occupancy. (lO) HABITABLE ROOM shall mean a room or enclosed floor space within a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. (ll) HEATING FACILITIES shall mean any stove, wall heater, central heater, hot water radiator, steam radiator, solar system, electrical radiant heater, electrical heat pump, or any other device capable of safely converting fuel to heat energy, or of transferring heat from one ambient to another, and approved by Underwriters. Laboratory, American Gas Association, or other nationally recognized testing laboratory. (l2) MOBIL~HOMES shall mean any currently licensed vehicle or structure designed and capab~of travel on the highways of the state and used for human habitation. SECTION 3. CONDITIONS OR DEFECTS CONSTITUTING AN "UNINHABITABLE AND DANGEROUS DiELLINGpR BUIlDING. " Any or all of the following conditions or defects shall constitute an"uninhabitable and dangerous dwelling or bUilding" and such dwelling or building shall be declared as unfit for human occupation and a violation of this code~ (l)(a) All bUildings, including dwellings or dwelling units, where, on a vertical structural section designed as a grav~ty member there occurs a lateral displacement which causes the resultant pressure to fall bey~d the middle third of the base of such gravity member, it shall cause said section to be considered unsafe and subject to correction or demolition. (2) _..... .;;ii,.... -........... .,. .' (b) All buildings, including dwellings or dwelling~ units whose walls, vertical structural members, or horizontal structural members, other than gravity type walls, list, lean, or buckle from their~esignadCposition, or show other visual signs of deterioration to such degree that, in the opinion of the housing standards inspector, an imminent hazard to the building, dwelling or dwelling unit or its occupants is present shall cause such section to be considered unsafe and subject to correction or demolition. (2) All buildings, dwellings, or dwelling units which exclu- sive of the foundation, show thirty-three per cent, or more, of damage or deterioration of the supporting member or members of fifty per cent of damage or deterioration of the non-supportiug enclosing or outside walls or covering. (3) All buildings, dwellings or dwelling units which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose substantially as defined by the building code of the city, as amemded. (4) All BUildings, dwellings or dwelling units which have been damaged by fire, explosion, wind, vandalism or elements of nature so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants thereof or the people of the city. (5) All buildings, dwellings or dwelling units which have outside walls which are not finished with a protective coating or cover~ng sufficient to protect said building, dwelliug or dwelling unit from deterioration and the action of the elements. (6) All buildings, dwelling or dwelling units Which have become or are so dilapidated, or decayed, and unsafe, or insanitary, or which so utterly fail to provide the amenities esseu~ial to decent living that they are unfit for human habitation, or are likely to cause sickuess or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. (3) . . (7) All buildings, dwellings, or dwelling units having inadequate light, a.ir and sanitation facilittes, as defined in section 4, subsection (l) and (3), to protect the health, morals, safety or general welfare of human beings who live or may live jherein. (8) All buildings, dwellings or dwelling units having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of ingress or egress, as defined in section 4, sub- section (2). (9) All buildings, dwellings or dwelling units which have parts thereof which are so attached that they may fall and injure members of the public or property. (lO) All bUildings, dwellings or dwelling units, which, because of their condition are insanitary, or dangerous to the health, safety or general welfare of the people of this city. SECTION 4. MINIMUM STANDARDS. ,In order to eliminate the existence of and to prevent in the future all "uninhabitable and dangerous dwellings or buildings" the folloWing minimum standards are hereby established and all the existing buildings, new construction and future installations shall be in accordance with the applicable ordinances of the city regulating the same. (l) BASIC EQUIPMENT AND FACILITIES. All dwelling units shall comply with the folloWing requirements: (a) There shall be provided a kitchen Sink in all dwelling units where cooktng facilities exist, which kitchen Sink shall be installed in compliance with this Code of Ordinances. (b) There shall be provided a flush water closet, a lavatory basin and a bathtub or shower, which flush water closet, lavatory basin and bathtub or shower shall be installed in compliance with the City Plumbing Code, and such flush water closet, lavatory basin and bathtub or shower shall be enclosed in a separate room to afford privacy to a person within said room. (4) ". . (c) Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of paragraphs (a) and (b) of this subsection shall be connected with both hot and cold water lines. (d) There shall be provided water heating equiptment and facilities of a minimum storage capacity of twenty gallons for each dwelling unit, which facilities are installed in compliance with the City Plumbing Code, and connected.with water lines as required under the pr..isions of paragraph (c) of this subsection and are capable of heating water to such a temperature as to permit hot water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower at a temperature of not less than one hundred twenty degrees Fahrenheit, Such water heating facilities shall be capable of meeting the requirements of this paragraph regardless of whether or not the heating facilities of the bUilding, dwelling or dwelling unit are in operation. (2) EGRESS. In all bUildings, dwellings or dwelling units there Shall be provided safe and unobstructed means of egress leading to safe and open space at ground level. (3) LIGHT AND VENTIlATION REQUIREMENTS. All bUildings, dwellings or dwelling units to be used for the purpose of human habitation or residence, shall comply with the following requirements: (a) Substantially every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habit- able room shall be ten per cent of the floor area of such room~ Whenever walls or other portions of structure face a Window of any such room and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a Window shall not _.deemed to face directly to the outdoors and sha~l not be included as contri- ~ buting to the required minimumvtotal window area. Whenever the only window in a room is skylight-type Window in the top of such:', room, the total window area of such Skylight shall equal at least '" ;"~ fifteen per cent of the total floor area of such room. (5) '. . (b) Every habitable room shall have at least one window or skylight which can be op.~easily, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least forty-five per cent of the minimUM window area size or minimUM skylight-type window size, as required in paragraph (a) of subsectiou (3) of this section, except where there is supplied some other device affording adequate ventilation aud approved by the housing standards inspector. (c) Every bathroom and water closet compartment shall comply with tm light and ventilation requirements for habitable rooms contained in paragraphs (a) and (b) of this subsection, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventila- tion system which is kept in operating condition and approved by the housing standards inspector. (d) Every habitable room of each dwelling shall be wired for electricity substantially in compliance with the electrical code of the city, and every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one electric light fixture controlled by a switch. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition. (e) Every dwelling shall be supplied with effective protec- tion against the entry of flies, mosquitoes, other insects and rodents. (4) HEATING REQUIREMENTS. All buildings, dwellings or dwelling units used for the purpose of human habitation and residence therein, shall comply with the fOlloWing requirements: Every dwelling shall have heating facilities in compliance with the standards and regulations set forth in the City Code, which heating facilities shall be maintained in safe and good work- ing condition, and are capable of safety and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy ~) '. . degrees Fahrenheit, at a distance three feet above floor level, under ordinary minimUM winter conditions. (5) SPACE USE AND LOCATION REQUIREMENTS. All buildings, dwellings and dwelling units used for the purpose of human habitation and residence therein shall comply with the following requirements. (a) Every dwelling unit shall contain at least ~we hundred and fifty square feet of floor space of habitable room area for the first one and/or two occupant(s) thereof and at least sixty additional square feet of habitable room area for every additional occupant thereof. For the purpose of computing habitable room area in this subsection, children under the age of one shall not be counted. (b) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor space, of habitable room area, and every room occupied for sleeping purposes by two occupants shall contain at least thirty additional square feet of habitable room area, and every room occupied for sleeping purposes by more than two occupants shall contain at least twenty additional square feet of floor space of habitable room area for each additional occupant thereof. For the purpose of computing habitable room area in this subsection, children under the age of one shall not be counted. (c) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. ( of Section (5) of this se do not apply to any motel, tourist court w e the occupant in question has a residence els not occupy local quar- ters for onger than fifteen ecutive days. Neither do the r rements of subSection ~5) of ply to as that term has been defined herein. (7) e. . provisions of subsection (5) of this section construction of all buildings, dwellings and the city limits. The provisions of subsection of this hall apply to all existing buildings, dwell' and dwell- om and after the date of classificati of any area within which it is deter ned by the city commission at hearing that said ated area requiEes, of s chapter, for the preservation of the crime and the correctio of juvenile delin~uency, instability within this subsection be In the mination of the designated, the the prevention of of conditions contributing to the cause of economic and social that the provisions of requests a deter- any area not so rules and regulations as it may determine, set a a pUblic hearing and publish a notice thereof least once at least three (3) days prior to the date public hearing, in a new the City and mine at such hearing whether not such,area is an standards, provisions an this section. No such area including public streets no more than eight huudred acres for the con ideration any public hearing to be held by the council on anyone SECTION 5. PROCEDURE FOR REPAIR, VACATION OR DEMOLITION. The Following procedures shall be followed in substance by the housing standards inspector in ordering repair, vacation or demolition of such dwelling or building: (l) If th'e "uninhabitable and dangerous dwelling or building" can reasonably be repaired so that it will no longer exist in vio- lation of the terms of this code, it shall be ordered repaired. area the conditions exist e the application (8) '.. .' (2)-- ,," inhabi tab ing" is fiftJI- cent damage gerous dwelling or build- a ed or deteriorated, it shall ~15rdered'demolished. ..-- t3) If the "uniuhabitable and dangerous dwelling or build- ing" cannot be repaired so that it will no longer exist in viola- tion of the terms of t~ Ordinance, it shall be ordered demolished. (4) "uninhabitable and dangerous dwelling or buil " is,a fire hazard ting or erected in violatio this ordinance or of any or c the terms of statute of -this state, it shall be ished, providin ed by the owner or said fire hazard is not elim' thin a time. SECTION 6. "UNINHABITABLE AND DANGEROUS DWELLING OR BUIlDING" NUISANCES. All "uninhabitable and dati.ger~'us dwellings or buildings" within the terms of sections 3 and 4 are hereby declared to be public auisances, and shall be vacated and either repaired or de- molished as hereiubefore provided. SECTION 7. HOUSING STANDARDS COMMISSION. (a) MEMBERSHIP. There is hereby created and established a commission to be known as the housing standards commission of the city, which shall be composed of the members of the Schertz Planning Commission. (b) APPOINTMENT AND SELECTION. Appointment and selection as a member of the Planning Commission shall establish the appointed member as amember of the HOUSing Standards Commission. Such members of the HOUSing Standards Commission Shall hold office as. provided by Ordinance for the Schertz Planning COmmission., (c) The housing standards commission Shall have the power, and it is hereby authorized, to hear any person, firm, partnership or (~poration Which may appeal the decision of the hOUSing standards inspector with respect to the vacation order and order to either repair or demolish any dwelling, dwellings ,building, buildings, walls or structures which may have been'found by the hOUSing standards inspector to be an "uninhabitable and dangerous dwelling or buildi~~~ under the provisions of sections 3 and 4. Such appeal shall be (9) '. .' made by written ~tatement to the commission within five days ai~er the final decision from the housing standards inspector, as provided in this chapter; and after notice of hearing, as provided in this ordinance, such commission shall render a decision as to whether or not such dwelling, dwellings, building~ bUildings, walls, or structures are uninhabitable and dangerous dwelling or building, Such commission is given the power to make rules and regulations governing the conduct of such hearing. If the decision of the housing standards inspector is based on structural defects, then any owner who has perfected its or his appeal from the decision of the housing standards inspector to the housing standards commission shall have the right to request an inspection of said building or dwelling by a committee consisting of three registered technicians in the co~struction industry, one member to be appointed by the City~:'~~ of the city, one by the appellant and one appointed by the other two members. The housing standards commission shall accept a wtitten report of such committee, executed by all three members thereof over their respective seals, if any, as expert testimony without the necessity of said three members of the committee being present at the hearing before the hOUSing standards commission. (d) PROCEDURES OF HEARING. , Upon receipt of a report of the hOUSing standards inspector, the housing standards commission shall give written notice to the owner, occupant, mortgagee, and all other persons having an interest in said dwelling or bUildiug as shown by the deed records and deed of trust records of Guadalupe County, Texas, and any other parties known to have an ownership interest, to appear before it on the date specified in the 'notice to show cause why the bUilding, dwelling or structures reported to be an "uninhabitable and dangerous dwelling or bUilding" should not be vacated, repaired, or demolished in accordance with the statement of particulars set forth in the housing standards inspec- tor's notice. Such written notices may be served on such interes- ted persons by any police or warrant officer of the city or any (10) o '. . other person of good character, or may be sent via registered or c certified mail to such person. On such date, the housing standards commission shall held a hearing to hear testimony regarding whether or not the structure under consideration is an "uninhabitable and dangerous dwelling or build- ing," At the cOnclusion of such hearing, the housing standards commission shall make written-findings of fact as to whether or not the structure ill question is an "uninhabitable and dangerous dwell- ing or building", wmlhin the terms of sections 3 and 4. Such written findings of fact shalFbe made and concurred in by a majority vote of such commission. Upon making a determination that such structure is an "unin- habi table and dangerous dwelling or building, Ot the housing stand- ards commission shall issue a request to the city attorney's office of the city to institute a suit, within thirty days after deter- mination and failure by the appellant to comply with such decision, in the district court of Guadalupe County to show that such structure is a nuisance and a hazard and thereby enforce the action taken by the housings standards commission. Upon final judgment by the district court of Guadalupe County that such structure is a nuisance, and on failure of such owner to take steps to remedy same, within thirt, days after rendering such final judgment, then the city is authorized to proceed with the necessary repair, vacating or demolition and the cost of such repair, vacation or demolition shall be a lien charged against the land on which said structure existed, in favor of the city. SECTION 8. INSPECTION OF BUIlDINGS ,DWELLINGS , DWELLING UNITS AND PREMISES. The housing standards inspector is hereby authorized and directed to make inspections to determine the condition of build- ings, dwellings, dwelling units and premises located within the city, in order that he may perform his duty of safeguarding the safety, health and welfare of the occupants and of the general public. (ll) . , . .' For the purpose of making such inspections the housing standards inspector is hereby authorized to enter, examine, and survey a~ all reasonable times all buildings, dwelliugs, dwelling units and premises. The owner or occupant of every building, dwelling and dwelling unit or the person in charge thereof, shall give the housing standards inspector or his assistants free access to such building, dwelling or dwelling unit and its premises, at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a bUilding, dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such building, dwelling or dwelling unit, or its premises at all reasonable times for the purpose of making repairs or alterations or for such other purposes as are necessary to effect compliance with the provisions of this code. SECTION 9. DUTIES OF HOUSING STANDARDS INSPECTOR. The housing standards inspector or his authorized representative shall: (I) Inspect or cause to be inspected annually, all buildings, halls, churches, theaters els, tenements, commercial, manufac the purpose of determining y cond1 s exist which render such places an"unin table and dangerous building" within the sections 3 and 4. (2) Inspect any building, dwelling, dwelling unit, wall or other part thereof about Which complaints are filed by any person or any city department, division or section, to the effect that a building, dwelling, dwelling unit, wall or part thereof is, or may be, existing in violation of this ordinance. (3 Inspect annually buildings, dwelli 'ts in all parts of this c' 0 whether they are "uninhabit- erous dwellings or buildiugs" within t of ions 3 and 4. (4) Place a notice on an "uninhabitable and dangerous dwell- ing or building" reading as follows: (12) '. .' " This bUilding has been found to be an 'UNINHABITABLE AND DANGEROUS STRUCTURE' by the Housing Standards Inspector. This notice is to remain on the structure until it is repaired or demolished in accordance with the notice dated Which has been mailed to the owner, occupant or mortgagee of this building, and all other persons haVing an interest in said bUilding or property as shown by the Deed Records and Deed of Trust Records of Guadalupe County, Texas. It is a violation of this code ~or anyone to remove this notice until such notice is complied with. Signed Hous~ng Standards Inspector" Provided that where dwelling is .occupied, written notice shall be given to the occupants thereof, ten days prior to the actual post- ing of this uninhabitable and dangerous dwelling notice. (5) Appear at all hearings conducted by the Housing Standards Commission and testify as to the condition of the "uninhabitable and dangerous dwelling or bUilding". standards (6) Report to the housing/commission any noncompliance with the "notice" provided for in section 10. (7) SUMMARY NOTICE. When, upon investigation of any vacant structure or bUilding, the housing standards iuspector determines the existence of any conditions in violation of the provisions of this code Which would endanger the health or safety,of any occupant or occupants thereof, the inspector shall, prior to the final com- pletion of this inspection and determination and prior to the giving of the written notice thereof provided for in section lO, cause to be posted on the vacant premises a small white card read- ing substantially as follows, to-wit: (l3) '. .' "WARNING This is a SUB-STANDARD BUIlDING According to the terms of the Minimum Staudards Housing Code of the City of Schertz. It is UNLAWFUL TO OCCUPY this bUilding until it complies with such code. For further information This notice posted by the undersigned officer call: city'of Schertz OL 8-3131 of the City of Schertz. Removal of this notice shall be punishable by fine. Date, Inspector After posting such white card notice the housing standards inspector shall proceed immediately to complete his investigation and prepare the written notices and other postings provided for in this code. Any person removing or causaRgcthe removal from any structure or bUilding of any white card notice posted by the hOUSing standards inspector shall be guilty of a misdameanor and shall upon convic- tion thereof be fined'in any sum not exceeding two huudred dollars ($200.00). SECTION lO. NOTICE BY HOUSING STANDARDS INSPECTOR9R HOUSING w STANDARDS COMMISSION. Notice by the ROUSing standards inspector or " the housing standards commission must be in wri ttlilg2: and may be served by apGlice or warraut officer of the city or any other person of good character, or may be sent via registered orcerti- fied mail and such notice shall be served upon or mailed to the owner, occupant or mortgagee, and all other persons having an in- terest in the said bUilding or property as shown by the deed or deed of trust records of Guadalupe County, Texas, of any structures found by the hOUSing standards inspector or said hOUSing standards (l4) , ' ". .' commission to be an "uninhabitable and dangerous dwelling or building" wi thin the standards set forth the~:following information: (I) Name of owner or other persons interested, as provided hereinabove. (2) Street address and legal description of the property on which said building is loca~ed. (3) General description of type of dwelling, building, wall or structure deemed unsafe. (4} A complete, itemized statemeut or list of particulars which caused the dwelling, bUilding, wall or structure to be an "uninhabitable and dangerous dwelling or bUilding" as defined in sections 3 and 4 herei,nabove. (5) Whether or not such dwelling or building should be vacated by its occupants and the. date such vacation shall be effective. (6) Whether or not the conditions set forth in the statement or list of particulars, as provided for in paragraph (4) above, can be eliminated or otherwise complied with. (7) Whether or not the dwelling or bUilding constitutes a fire menace. (8) Whether or not it is unreasonable to repair the dwelling ; or building or otherwise comply with the terms of this code and whether or not such dwelling or bUilding should be demolished. (9) A statement of the time considered reasonable for party receiving notice to commence to make repairs or otherwise comply and/or demolish the dwelling or building as provided in such notice. A reasonable time shall not exceed thirty days, except \ in cases of an unusually large bUilding. The time to commence may be extended by the housing standards inspector or the housing standards commission for an additional period of up to sixty days, provided, however, the extension is applied for by the owner, or other person interested in the property as hereinabove defined, at least five days before the expiration of the time to commence repair (l5) '. .' or demolition under the notice. (10) A reasonable time to complete the repair or demolition or otherwise comply as provided in such notice, and such reason- able time for completion shall not exceed ninety days from date of notice unless the time is extended by resolution of the housing standards commissi~n. SECTION 11. DUTIES OF HOUSING STANDARDS COMMISSION. The housing standards commission 'shall: (l) upon receipt of ~ report of the housing standards ins- pector, as provided for in section 9, sabsection (6) hereof, give a written notice, sent via registered mail or certified mail to the owner, occupant, mortgagee, and all other persons having an interest in said dwelling'or building or building as shown by the deed or deed ofttrust records of Guadal~e County, Texas, to appear before it on the date specified in the notice to show cause why the bUilding, dwelling or structure reported to be an "uninhabitable and dangerous dwelling or building" should not be vacated and either repaired or demolished in accordance with the statement of particulars set forth in the housing standards inspector's notice provided for herein in section lO. (2) Hold a hearing open to the public to hear such testimony as may be presented by any department of the city, the housing standards inspector or the owner, occupant, mortgagee, or any other person having an interest in such dwelling or building with rela- tion to the "uninhabitable and dangerous dwelling or building." (3) Make written findings of fact from the testimony offered pursuant to subsection (2) above as to whether or not the dwelling or building in question is an "uninhabitable and daugerous dwell- ing or bUilding- within the terms of sections 3 aud 4 by a concurr- , ~ng vote of' not less than three members of such commission. (l6) " ' ". '.' (4) After deliberation of the findings, issue an order based upon findings of fact made pursuant to section (3) above and signed by the chairman of said commission, or acting chairman, commanding the owner, occupant, mortgagee, and all other persons having an , interest in said dwelling or building, as shown by the deed records or deed of trust records of Guadalupe County, Texas, to vacate and either repair, or otherwise comply and/or demolish any dwelling or building found to be an'"uninhabitable and dangerous dwelling ~. . ~..... or bUilding" within the terms of this ~nance. (5) If the owner, occupant, mortgagee, or other person having an interest in said dwelling or building fails to comply with the order p~ovided for in subsection (4) above, within ten days, or any reasonable time ordered by such commission, then such commission shall cause such dwelling, bUilding or structure to be repaired or demolished as the facts may warrant under the procedures here- inabove provided in section 5, and the costs of such repair or demolition shall be a lien charged against the land, on which such dwelling, building or structure existed, in favor of the city or such costs shall be attached to the tax statement as an assessment lien against the land on which the dwelling, building or structure stands, or did stand, or shall be recovered in a suit at law or equity against the owner; provided, however, in cases where such procedure is desirable, and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this city, such commission shall notify the city attorney to take legal action to force the owner to vacate and either make all necessary repairs or demolish the bUilding or structure. (6) Report to the city attorney the names of all persons not complying with the order provided for in subsection 4 hereof. SECTION l2. DUTIES OF THE CITY ATTORNEY. The city attorney shall: (l) (a) Take the necessary legal action as provided in section 7, subsection (d) hereof. (b) Prosecute all persons failing to comply with the terms of the notices provided for herein in section lO and the order provided for herein in section ll, subsection (4), as modified by section 7, subsection (d) hereof. (17) ". '. " (2) Appear.at all hearings before the housing standards commission'in regard to "uninhabitable and dangerous dwelling or buildings." (3) Bring suit to collect costs incurred by the commission in repairing or causailgg to be vacated or demolished such "unin- habitable and dangerous dwellings or buildings." SECTION la. DUTIES OF THE FIb, POLICE, AND HEALTH DEPARTliIENT. The employees of the fire and pOlice divisions and health depart- ment shall make a report, in writing, to the hOtlsing standards inspector of all dwellings, bUildings or structures, which are, may be, or are suspected to be "uninhabitable and dangerous dwell- ings or buildings. within the,purv1ew of this code. Such'reports must be delivered to the/housing standards inspector within,twenty- four hours of the discovery of such dwelling, bUilding, or struc- ture by any employee of the fire, or police divisions or health department. SECTIONl4. EliIERGENCY CASES. In cases where it reasonabiy appears that there is 1mmediate(danger to the life or safety of any person unless an "uninhabitable and dangerous dwelling or bUilding" as defined herein is immediately repaired, vacated or demolished, the housi~g staadards inspector shall report suchDtcts to the commission and the commission shall cause the immediate repair, vacation or demolition of such "uninhabitable and dangerous dwelling or build- ing." The cost of such emergency repair, vacation, demolition or o,ther compliance of such "uninhabitable and dangerous dwelling or building" Shall be collected in the same manner as provided in all other cases under the terms of this code. SECTION l5. WHERE OWNER ABSENT FROM THE CITY. In cases, except . ... emergency cases, where the owner, occupaut, lessee or mortgagee, or 'other interested party, is absent from the city, all notices or orders provided for herein shall be sent via registered mail or certified mail, to the. owner, occupant, mortgagee., lessee and all other persons having an interest in said dwelling or building, (l8) ., " . -,. . :. as described by the deed records and deed of trust records of Guadalupe County, Texas, to the last known addresS of each and a copy of such notice shall be posted in a conspicuous pRaee on the "uninhabitable and dangerous dwelling or building" to which it relates. Such mailing and posting shall be deemed adequate service. SECTION 16. ADMINISTRATIVE LIABILITY. No officer, agent or employee of the city shall render him$elf personally ~able for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought against any officer, agent or employee of the city, as a result of any act required or permitted in the discharge of his duties under this ordance, shall be defended by the city attorney until the final determination of the proceed- ings therein. SECTION l7. PENALTIES. Any person, parties in interest, or corp- oration who shall violate any of the provisions of this code or fail to comply therewith or with any of t~e requirements thereof shall be subject to a misdemeanor prosecution and upon conviction shall be puniShed by a fine of not less than five dollars nor more than two hundred dollars, and each day that sueh violation shall be permitted to exist or continue shall constitute a separate offense. In the event a corporation is the violator of any of the provisions of this code, each officer, agent and employee of such corporation who is responsible for or contributes to such violation in any manner shall be individually and severally liable for the penalties herein prescribed. Where any person is acting solely as agent for the party in ownership, no penalties under this section shall be assessed against such agent as such. SECTION l8. INTERPRETATION AND CONFLICT. In interpreting and applying the provisions of this ordinance,they Shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general Welfare. (~ .... ,. . \ . . , . ~--..rr- .. '.. , . c,. , .' Wherever in this code there may be restrictions or provisions which might conflict, the more restrictive restrictions or pro- visions shall apply, provided, however, this article shall be liberally construed to obtain substantial compliance with its provisions. SECTION 19. If any section, or part of any section or paragraph or part of any paragraph or any sentence or part of any sentence of this ordinance is declared invalid or unconstitutional for any reasen, it shall not be held to invalidate or impair the validity, force or effect of any other section or seotions or parts of any section, or paragraph or sentence of this ordinance. SECTION 20. All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 21. That provided by the State of Texas this ordinance shall become effective after passage and publication of the descriptive caption describing the contents of this ordinance. PJ\.SSED AND APPROVED this the :2litt. day of ~J' ,1_'6. -O'tfil c;a;.J.DA-J yor ATTEST: A, fl" ~;iAOOC Secretary , ,